(영문) 수원지방법원 2019.10.17 2019고정786

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(영문) 수원지방법원 2019.10.17 2019고정786

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

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The defendant shall be innocent.

Reasons

1. The summary of the facts charged is around 22:20 on September 21, 2018, the Defendant boarded a metropolitan bus in Gangnam-gu Seoul Metropolitan Government, and opened the victim’s arms, frights, frights, and frights at the left side of the victim D (the victim’s name, fright, 22 years old) while moving to the 2nd parallel of the victim D (the victim’s name, fright, b2 years old) and moving to the middle side of the victim’s fright, and frights of the victim’s frights from the outside and frights, and the person frights over one time the victim’s right head.

Accordingly, the defendant committed an indecent act against the victim in a concentrated means of public transportation.

2. Determination

A. In an indecent act means an act that causes a sense of sexual humiliation or aversion to the public objectively and contrary to good sexual moral sense, and thus, it constitutes an infringement on the victim’s sexual freedom. Whether it constitutes such an act should be determined carefully by comprehensively taking into account the victim’s intent, gender, age, relationship before the offender and the victim, circumstances leading to the act, specific form of act, and the surrounding objective situation and the sexual moral sense of that time.

B. In light of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the court, the Defendant’s act at the time of the instant case may be deemed inappropriate and inflicted mental harm on the victim. However, it is insufficient to recognize that the evidence presented by the prosecutor alone led to an indecent act or that there was an intent to commit an indecent act on the Defendant, and there is no other evidence to acknowledge otherwise.

According to CCTV images installed in a bus at the time of the incident, the following facts are recognized:

- The victim was aboard the bus of this case and was seated immediately back on the rear side of the driver's seat, and the defendant was aboard and was seated on the side of the victim.

- At the time of boarding the victim, the victim shall have a separate door from the glag for travel and shall be seated in the seat.

유사 판례

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-대법원 2016.3.24.선고 2013도9562 판결

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